Texas Merit System Council:

An Inventory of Records at the Texas State Archives,
1940-1985

These records consist
of minutes, rules and regulations, correspondence, investigation files,
transcripts of appeal hearings, budget and audit reports, manuals, press
releases, newsletters, etc. They concern the activities of the Texas Merit
System Council and cover the years of the Council's existence, 1940-1985.

On January 1, 1940, at the urging of the Social Security
Administration of the U.S. government, the Texas Unemployment Compensation
Commission (later renamed the Texas Employment Commission) created a
three-member Merit System Council. Before the end of that first year, the
services of this Council in establishing a merit system of personnel
administration were extended to the State Board of Public Welfare (later
renamed the Texas Department of Human Resources). Since August 5, 1942, the
Texas Department of Health had its own three-member Merit System Council, but
this council had its last meeting on September 24, 1959, complying with a
statement of intent of the Texas Legislature that there be only one merit
system office operating within the state. In 1981, the 67th Texas Legislature
passed Senate Bill 988, which abolished the Merit System Council of the Texas
Employment Commission and created a separate Texas Merit System Council,
transferring non-policymaking personnel, records, funds, and property from the
former to the latter. (Texas Revised Civil Statutes, Article 6252-11d). The
Texas Merit System Council was abolished by the 69th Legislature (Senate Bill
569), effective September 1, 1985; from that date each of the agencies formerly
required to use the Merit System Council's services would be responsible for
its own merit system.

As of 1981, the Texas Merit System Council was composed of six members
appointed by the Governor and approved by the Texas Senate. Members served
overlapping six-year terms, and must not have been employed by any agency
served by the Merit System Council within one year of appointment. The Council
named an Executive Director, who served at its pleasure; in 1983 the Council
employed a staff of 39. The major duty of the Council was to develop procedures
for recruitment, selection, and advancement of highly competent personnel in
state agencies using its services, i.e., the Texas Air Control Board, the
Commission on Alcoholism, the Department of Human Resources, the Department of
Health, the Department of Mental Health and Mental Retardation, the Division of
Disaster Emergency Services of the Department of Public Safety, the Department
on Aging, the Office of the Attorney General, the Surplus Property Agency, and
the Texas Employment Commission. The Council had to develop procedures which
met federal requirements for a merit system of personnel administration
applicable to state and local agencies administering federal programs.
Additionally, the Council established procedures under which applicants for
positions and employees of state agencies which used Council services could
obtain impartial hearings concerning adverse personnel actions taken against
them. To advise the Council and review its rules and policies, an Interagency
Advisory Committee was created, composed of one representative from each agency
using the Council's services. The Advisory Committee, like the Texas Merit
System Council itself, was abolished in 1985.

These records of the Texas Merit System Council include minutes,
agenda, transcripts, and stenographic notes of meetings; rules and regulations;
correspondence; reports of investigations; transcripts of appeal hearings;
financial documents; an annual report, monthly reports of the agency's
activities, press releases, legislation, procedures manuals, newsletters,
pamphlets, forms, etc. The records date from 1940 to 1985.

To prepare this inventory, the described materials were cursorily
reviewed to delineate series, to confirm the accuracy of contents lists, to
provide an estimate of dates covered, and to determine record types.

These records were transferred to the Archives and Information
Services Division of the Texas State Library and Archives Commission by the
Texas State Purchasing and General Services Commission on June 14, 1989.

Meetings files,
1940-1985, 1.75 cubic ft.

This series contains typed minutes of Texas Merit System Council
meetings, in four notebooks, 1940-1985; Council meeting notes (including
agenda, transcripts, reports, etc.), 1973-1984; and stenographic pads which
contain shorthand minutes of Council meetings, 1973-1982. Also included are two
notebooks containing typed minutes of meetings of the Merit System (Advisory)
Council of the Texas State Department of Health, 1942-1959.

Arrangement

Meeting notes are arranged in reverse chronological order followed
by minutes arranged in reverse chronological order. Advisory Council minutes
are arranged chronologically.

Rules and regulations,
1959-1984,0.25 cubic ft.

This series contains Texas rules and regulations for a merit
system of personnel administration, 1959-1984, including a common rule, 1971; a
number of agency-specific rules, 1959-1970; and Texas Merit System Council
rules regarding adverse actions, appeals, and discrimination, 1982-1984. Also
included are rules from several other states (Arkansas, New York, Oklahoma, and
Oregon), 1974-1976.

Correspondence,
1971-1985, 0.83 cubic ft.

This series consists of correspondence, subject files, memos,
reports, charts, briefs, newsletters, testimony, stenographic pads, etc. dating
from 1971 to 1985 of the Texas Merit System Council. One portion contains
folders labelled "Date File," January-July 1985.
These include outgoing correspondence from Texas Merit System Council staff
members to other state agencies and to private citizens, touching on such
matters as verification of employment, exam scores, appeals, interagency
advisory committee meetings, certification of purchase vouchers, etc. Another
group of files are subject files containing correspondence in addition to
memos, reports, charts, briefs, newsletters, testimony, etc. Finally there are
17 stenographic pads containing shorthand notes of what appears to be
correspondence, 1971-1980.

This series contains final reports of eleven investigations
conducted by the Texas Merit System Council (Reporting Office) between 1979 and
1984, on charges of racial, sexual, retaliatory, or other discrimination filed
against the Texas Department of Health, the Texas Department of Human
Resources, and the Texas Employment Commission. These reports were filed
pursuant to the Agreements between the United States of America and the three
agencies involved, and pursuant to Section 15(2) of the Agreement between the
United States of America and the Texas Merit System Council (Civil Action No.
A-78-CA-286). A typical investigation report is composed of a preface; sections
on issues, complaint or claim, documentation, interviews, and/or
inconsistencies; plus attachments.

In addition, this series contains correspondence files related to
these investigations and others. A typical file consists of the original
complaint (Statement of Claim for Relief), a Merit System Council (Reporting
Office) Initial Questionnaire, copies of all pertinent correspondence and
memoranda, and the Notice of Decision.

Arrangement

Arrangement for each type of file is alphabetical by last name of
the plaintiff.

This series is composed of transcripts and one recording of eleven
appeal hearings before the Texas Merit System Council, mostly during the early
1980s, against actions taken by the Texas Department of Health, the Texas
Department of Human Resources, and the Texas Employment Commission. These
hearings constitute only a sampling of the hearings that were held between 1960
and 1983, and are preserved as examples of this important function of the Texas
Merit System Council. Also included is a deposition which forms part of a civil
suit heard before a U.S. District Court in 1982.

Financial documents,
1980-1985, 0.5 cubic ft.

This series consists of a number of financial reports for the
Texas Merit System Council, including Audit Reports, 1982-1983; Annual
Financial Reports, FY 1982 and 1983; Operating Budget Reports, FY 1984 and
1985; unbound monthly Budget Balances, 1982-1985; and two post binders of
budget ledgers, 1980-1985.